Anonyma vittnen - en fara för rättsstaten?

Sammanfattning: The debate about permitting witnesses to be anonymous within the Swedish court has been going on for several years. Those who are for recognize that it is the only way to get rid of the fear to testify and to fulfil the obligation. Simultaneously the individuals who are against consider that an acceptance of such witnesses would go against the rule of law. However, both parties agree that accepting anonymous witnesses must be done in accordance to article 6 in The Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). There are a couple of questions within this issue that will be answered in the essay. First of all, whether or not the use of anonymous witnesses would live up to the essential established procedural principles within Swedish law. Secondly if it would fulfil the requirement of a fair trial according to article 6 in convention. Finally, if it would fulfil the Swedish definition of “rule of law”. The conclusion is that the use of anonymous witnesses, in accordance with the guidelines from the Council of Europe, would fulfil article 6 in ECHR. On the other hand, the use of anonymous witnesses would violate Swedish procedural principles which are stricter than the minimum level of rules provided in ECHR. Lastly the use of anonymous witnesses would go against the rule of law.